{"id":235752,"date":"2016-09-06T06:00:00","date_gmt":"2016-09-05T20:00:00","guid":{"rendered":"http:\/\/www.saipantribune.com\/?p=235752"},"modified":"2016-09-06T06:00:00","modified_gmt":"2016-09-05T20:00:00","slug":"independence-tf-commends-aguon-oag-arguments-davis-case","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/independence-tf-commends-aguon-oag-arguments-davis-case\/","title":{"rendered":"Independence TF commends Aguon, OAG for arguments in Davis case"},"content":{"rendered":"

GUAM<\/strong>\u2014The Independence for Gu\u00e5han Task Force commends attorney Julian Aguon and the Office of Attorney General\u2019s Elizabeth Barrett-Anderson for their monumental defense of the right of the native Inhabitants of Guam to determine the island\u2019s future political status in Thursday\u2019s hearing for the Arnold Davis vs. Guam Election Commission case.<\/p>\n

Aguon reminded the court that decolonization is not a right that applies to all, but rather, \u201ca remedy to restore a right\u201d that was taken away from a particular group of people, whom Congress itself defined as those who became U.S. citizens by virtue of the authority and enactment of the 1950 Organic Act of Guam and their descendants.<\/p>\n

Davis\u2019 argument rests on the premise that not allowing him to register in Guam\u2019s decolonization registry is race-based discrimination. The task force finds it appalling that our island, which remains a U.S. colony and has been denied the right to vote under this premise, is being accused of racism. Aguon not only reminded the court that Guam\u2019s definition of native inhabitant is \u201cfacially race-neutral\u201d or not race-based, he also asked the court whether Davis\u2019 right to vote in what is essentially a non-binding decision trumps the people of Guam\u2019s long denied right to vote for elected officials who make decisions on their behalf. <\/p>\n

The task force commends Aguon for his nuanced use of the insular cases. He argued that in this particular case, the insular cases, which are typically the villain in their denial of rights to the territories, are the hero because they prove that unincorporated territories have a unique relationship to the U.S., which cannot be compared to decisions the court has made in issues involving states, because the constitution does not always apply to Guam in the way it does to states. The insular cases give Congress, not the constitution, full authority over the rights of people in unincorporated territories, because the courts have determined that such territories are not on the path to statehood, but rather de-annexation and fuller self-governance, Aguon argued.<\/p>\n

While the task force recognizes the limitations of defending this case in a federal court, which upholds the authority of Guam\u2019s colonizer, we value the dialogue that is taking place and hope the community continues to find inspiration and drive in Aguon\u2019s arguments.<\/p>\n

For more information, please contact Independent Gu\u00e5han chair Dr. Michael Lujan Bevacqua at (671) 988-7106, email independentguahan@gmail.com, or visit www.independentguahan.com. (PR)<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

GUAM\u2014The Independence for Gu\u00e5han Task Force commends attorney Julian Aguon and the Office of Attorney…<\/p>\n","protected":false},"author":28,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[12199,86,13244,67],"class_list":["post-235752","post","type-post","status-publish","format-standard","hentry","category-local-news","tag-guam-election-commission","tag-oag","tag-organic-act","tag-people"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/235752","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/28"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=235752"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/235752\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=235752"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=235752"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=235752"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}